My mother is Canadian citizen, already in U.S. For 35 days, do I need to do form I-130 or just adjust her visitor visa during applying for green card. Which way is better? Thanks
Yes, you should do form I-130. But, I would wait 30 days. With the I-130 your mother could file the green card papers. I recommend you consult an immigration attorney so you fully understand the process.
Mr. Smith is an attorney with over 25 years of immigration experience with complex immigration issues and successful filings. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Smith's statement above does not create an attorney/client relationship.
The I-130 is a required part of the process to sponsor your mother for permanent residence. You would greatly benefit from scheduling a consultation with an immigration attorney to make sure you do everything right.
Submitting I -130 is the better and easier option. Make sure you do some research and collect all the required documents before applying. If you are not confident you can always consult with an attorney who will be able to help your mother. All the best.
Immigration Attorney - Los Angeles.
If your mother entered with inspection, you may be able to file a one-step packet. However nothing should be done before speaking with a qualified immigration attorney.
This response is general in nature and cannot be construed as legal advice, given that not enough facts are known. Any comments offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship. You are encouraged to seek independent and private counseling for a complete review of your case.
Your mother may be eligible to apply to adjust status (apply for the green card) in the U.S., or she may apply at the American Consulate. The I-130, which establishes your mother-daughter relationship and your US citizenship status, is a required step in both options, regardless of where she ultimately applies. Speak with an attorney to determine whether it's better to adjust status here in the U.S. or consular process.
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